Law:

Section:

(a) Penal Code (XLV of 1860)--- ----Ss. 302(a), 308 & 302(c)---Appreciation of evidence---Prosecution witnesses were related inter se and despite presence, of a number of people in the locality no independent witness was produced by the prosecution and there was no explanation to that effect---Prosecution evidence did not inspire confidence whereas defence plea was believable---Accused while taking the law in his own hands had deprived two human beings of their lives in a brutal manner---Conviction of accused under S.302(a), P.P.C. for committing Qatl-e-Amd of the male accused and his sentence of death thereunder were set aside in circumstances and instead he was convicted under S.302(c), P.P.C. and awarded the maximum punishment of 25 years' R. I. on that count---Accused had not brought on record that he and his deceased wife had any children from their wedlock and provisions of Ss.306 & 308, P.P.C., therefore, were not attracted to his case---Conviction of accused under S.308, P.P.C. was consequently altered to S.302(c), P.P.C. for having committed the murder of his wife, but in the absence of any notice for enhancement of sentence on that count, 14 years' R.I. awarded to him was maintained---Both the sentences, however, were directed to run concurrently with the benefit of S.382-B, Cr.P.C. The State v. Muhammad Hanif 1991 SCMR 2047; Federation of Pakistan v. Gul Hassan Khan PLD 1989 SC 633; Abdul Zaheer and another v. The State 2000 SCMR 406; Mumtaz Khan v. The State 1999 SCMR 837; Abdul Haq v. The State PLD 1996 SC 1 and Muhammad Siddiq v. The State PLD 2002 Lah. 444 ref. (b) Penal Code (XLV of 1860)--- ----S. 302---Qatl-e-Amd for Karo Kari, Siyah Kari etc.---Qatl-e-Amds for Karo Kari, Siyah Kari, Ghairat etc. are being accepted and condoned on the basis of customs and traditions prevailing for centuries, but such pleas in defence are absolutely baseless---Crime of Karo Kari and Siyah Kari is already being looked after and dealt with by the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, and no one is to be permitted any more to take the law in his own hands on the pretext of punishing infidels. JUDGMENT ATA-UR-REHMAN, J.---We are disposing…

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